The home is in a new 12 lot tract. Apparently the other homes in the tract have the same easement and none of the other buyers have had a problem with it. The majority of the easement was quitclaimed in 1956 with exceptions for 4 large parcels along the city boundaries of 1956 Escondido, one of which this property is on. The seller has agreed to pay for vacating the easement, but doesn’t want to wait for the city bureaucracy before closing. I think I accomplished driving my agent nuts a long time ago. The easement is not part of the San Diego Aqueduct. The original 1895 grant includes the following clause: “…whenever the Grantee ceases to use any portion of said right of way, that portion thereof shall revert to the Grantor or its successors…”. Does it require a quitclaim to vacate an easement or would it suffice to take a letter from the City of Escondido stating that they are not currently using any portion of the easement to the county recorders office?
